The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-07-22

Delaware Coal Company "a railrosd) |
and iis eastern connections. Henry |
Smsrcy, Of Ballston, N. Y, general
trsfic manager OF the Hudson and
Delaware Canal Company, was exam
ined % witness for com plainant. He
taid the through rate upon grain from
Chicago TO Boston points was 30 cents
Q hundred, OF which the Fitchburg
railroad received 8 7.100 as its proper
ton for the haul from Mechaniceville
The same rate was accepted by the
Fitchburg load when the gram was
transhipped either at Buffalo or at
OsdensDurg, but II transhipped at
Schenectady the Fitchbuig road dc.
manded 8 cents as it's proportion, the
service performed being exactly SINH
lar.
Mr.. Thatcher stated that 80 per cent.
OF his Eastern business had been de-
stroyed by reason Of this alleged dis
elimination.
THE KANSAS LAND GRANT.
The Commissioner OF the General
Land Office has completed the djus..
ment Of the grant to the State OF Kan
sas for the Missouri, Kansas and Texas
Railr ed Com pany, under the act OF
Congress OF March 3, 1868. aud July
20, 1855. The CommssioIe finds that
company Is not entitled to indemnity
for the losses within its granted limits
by reason Of prior grants and reserva.
tions By competent authority for the
purpose pr aiding In any object Of in
terpal improvement or other purpose
Whatever. On this basis the Commits.
sioner finds that an excess Of 3,43l
acres over the amour. legally due has
been certified and patented for the
benefit OF the road. The company
claims indemnity for all Losses withis
its granted limits, no matter how oc-
casioned, and should this claim be
allowed the company would still be
entitled TO 604,0 acres. The Com
missioner recommends that suit be
instituted by the Government to 70.
cover tbs excess ss found by him.
Should this decision be- sustained 1t
will control in the adjustment Of all
grants oil like character.
PETITION DENIED.
Acting Secretary Muldrow has de-
nice q petition from the Central Pa.
cihc Railroad Company, fled May Sd
last, asking that the Commissioner OF
the Land Office be instructed forth.
With to ifsue patents TO the Central
Pacific Company on the lands on Clear
List No. 81, amounting TO 194,05l
acres, lying within the Sacramento,
Cal, land district. Ga March 10, 1887,
the Commissioner OF the General
Land Ofhee instructed the local land
OF ;ers at Sacramento that the mon.
mineral" ffiiavits accompanying the
list, No. 80, forwarded by the Csntral
Pacific Company, were not satisfacto-
ny, and requiring the company To fur
nish affidsvits substantially similar Il
those required in agricultural cases
To this req uirement the railroad com
pany dsmurred and petioned the Sec
retry ss above stated. The Acting
Secretary, In his decision not only sus
tains the Commissi oner In requiring
an affidavit based on personal inspec
ton, but AIDA the farther requirement
that the railroad company stall pub
lish their lists In the local newspaper
for thirty days prior to approval.
APPOINTMENT.
The President today made the fol
lowing appointments; John q Walker
OF Texas, to be Secretary OF the Lega
ton and Consul General otthe Unite,
States at B,g,ta; Thomas Barbour, o
Virginia, to be Coneu ar Clerk Of tn,
United sta'es.
Mr.. M. 4. Sell, the present incum
bent, rendered his resignation at Cd,
beginning OF the present admlnistra
tion, but was very much surprises
yesterday when notified that his res
, ignation had been accepted, TO TAX
effect at once. He made a persona
appeal to Acting Secretary Thompson
yesterday 10 withhold the announce
ment OF the change In tie oflice unit
today. Mr.. Thompson promised 10 d
} so, and was somewhat cnagrined thi
, morning tina, Mt Sell himself bad iuI
1 nished q statement OF the case TO Gel
tain newspapers last evening. This Ia
4 cident was the subject OF much unf,
/ vorable comment In the department
today. Mr.. Fferel was qualified TIL
A aiiernoon and will assume charge {
: | the off 20 NJ once.